Law college student case order MR JUSTICE N. ANAND VENKATESH WP No. 41497 of 2025 AND WMP No. 46471 OF 2025 Gokula Krishnan B

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
WP No. 41497 of 2025
AND
WMP No. 46471 OF 2025
Gokula Krishnan B
S/o.Balasubramani,
Door No.75A, Plot No.96,
Karunanidhi 2nd Cross Street,
Thanthai Periyar Nagar, Taramani,
Chennai-600 113
Petitioner(s)
Vs
1. The Registrar
The Tamilnadu Dr.Ambedkar Law
University,
School of Excellence In Law,
Poompozhil No.5,
Dr.D.G.S.Dhinakaran Salai,
R.A.Puram, Chennai-600 028
2.The Dean
The Tamilnadu Dr.Ambedkar Law
University,
School of Excellence In Law,
Perungudi Campus, M.G.R.Salai, Near
Taramani (MRTS) Railway Station,
Perungudi, Chennai-600 113
3.The Chairman, Admissions
The Tamilnadu Dr.Ambedkar Law
University,
School of Excellence In Law,
Poompozhil, No.5
Dr.D.G.S.Dhinakaran Salai,
R.A.Puram Chennai-600 028
Respondent(s)
WP No. 41497 of 2025
PRAYER
calling for the records relating to the impugned letter dated 08.09.2025 bearing reference C.No.3831/SOEL/S/2025 issued by the 2nd respondent, quash the same and consequently direct the respondents to permit the petitioner having Registration No.H324049 to attend the regular classes, appear for the tests/examinations, pursue/complete the 3 year LLB(Hons)Degree course without interruption by exempting the petitioner from payment of Tuition fee and special fee based upon the 40 percentage disability certificate issued in his favour in UDID No.TN5690919860013991 dated 15.09.2025
WMP No. 46471 of 2025
PRAYER
to issue an interim direction directing the respondents to permit the petitioner having Registration No.H324049 to attend the regular classes, appear for internal tests or examinations, as well as take part in the forthcoming odd Semester Examinations scheduled for November 2025 without reference to attendance or payment of fees, pending disposal of the present writ petition
For Petitioner(s): Mr.Abudukumar Rajarathinam
Senior Counsel for
Mr.Rajagopal Vasudevan
For Respondent(s): Mr.S.Sivashanmugam Standing Counsel
ORDER
Mr.S.Sivashanmugam, learned Standing Counsel takes notice on behalf of
the respondents and seeks time to file counter.
2. It is seen from the records that the petitioner had earlier approached this Court and filed W.P.No.29120 of 2025 challenging the decision taken by the
first respondent through communication dated 28.03.2025 and for a
consequential direction to the respondents to permit the petitioner to attend the classes and to appear in the examinations by pursuing the course and complete his studies, without insisting for the payment of tuition fees and special fees. This writ petition came to be dismissed by this Court by an order dated
11.08.2025 and the relevant portions are extracted hereunder:-
“11. As rightly contended by the learned Standing Counsel for the respondents, in the allotment letter and fee circular, the waiver of fees has been provided only against the Differently Abled Person. Since there is no percentage given at the relevant places, it does not mean that it refers to persons those who have lesser percentage of disability. This Court is in full agreement with the said submissions made by the learned Standing Counsel for the respondents. As rightly submitted by the learned Standing Counsel for the respondents that the candidates, who claim special reservation under the Differently Abled Persons category should have disability of 40% and above.
12. In the case on hand, admittedly, the petitioner is having only 10% disability and he is admittedly given an allotment under the BC (others) category and not under the Differently Abled Persons Category. Therefore, mere reference of the word “Differently Abled” without referring the percentage in the allotment letter dated 07.10.2024 will in no way enure any benefit to the petitioner from not paying the fees, and it is appropriate to refer, even the prospectus, which gives waiver of fees to the Differently Abled Persons, as discussed herein above was against the persons having disability of 40% and above. Accordingly, this Court is of the view that there is no infirmity and illegality in the order passed by the first respondent dated 28.03.2025. Hence, the writ petition deserves to be dismissed.
13. At this juncture, the learned counsel for the petitioner seeks short time to pay the fees. This Court directs the petitioner to pay the fees, within a period of four weeks from today. In the meanwhile, the respondents are directed to permit the petitioner to attend the classes. It is made clear that, if the petitioner has not paid the fees, within the stipulated time as stated above, then the respondents are at liberty to take appropriate action. No costs. Consequently, connected Miscellaneous Petition is closed.”
3. The learned Senior Counsel appearing on behalf of the petitioner submitted that subsequent to this order, the Government has issued the disability certificate, which clearly establishes the fact that the petitioner suffered from 40% disability. Before giving this disability certificate, the petitioner was subjected to examination. The learned Senior Counsel submitted that the
petitioner had applied only under the disability category and in the prospectus, it has been made clear that insofar as the disability candidates are concerned, they
are exempted from the payment of tuition fees and special fees.
4. The learned Senior Counsel submitted that the examinations are commencing from 03.11.2025 and the petitioner can be permitted to write the examinations and the other issues that have been raised in this writ petition can
be considered at a later point of time after the respondents file counter.
5. The learned Standing Counsel appearing on behalf of the respondents vehemently opposed the grant of any interim order in this case, since the petitioner came before this Court seeking for a similar relief on the earlier occasion and the said writ petition in W.P.No.29120 of 2025 came to be dismissed by this Court on 11.08.2025. The learned Standing Counsel submitted that the petitioner did not join the college under the disability category and therefore, there is no question of exemption on the payment of tuition fees and special fees. Apart from that, the disability certificate that is now being relied upon on the side of the petitioner is a certificate which was
granted subsequent to the order passed by this Court in the earlier writ petition.
6. This Court carefully considered the submissions made on either side
and the materials available on record.
7. For the present, this Court is inclined to permit the petitioner to write
the examinations commencing from 03.11.2025. It is made clear that this
interim direction will not enure any right on the petitioner to seek for the reliefs that have been sought for in the writ petition. The answer papers shall be kept in a sealed cover by the respondent University, until further orders are passed in
this writ petition.
8. Post this writ petition for hearing on 17.11.2025. In the meantime, the
respondents are directed to file their counter.
30-10-2025
Registry is directed to upload/issue the copy of this order today ss
To
1.The Registrar
The Tamilnadu Dr.Ambedkar Law
University, School Of Excellence In
Law, Poompozhil No.5,
Dr.D.G.S.Dhinakaran Salai,
R.A.Puram, Chennai-600 028
2.The Dean
The Tamilnadu Dr.Ambedkar Law
University, School Of Excellence In
Law, Perungudi Campus, M.Gr.Salai,
Near Taramani(mrts), Railway Station, Perungudi, Chennai-600 113
3.The Chairman, Admissions
The Tamilnadu Dr.Ambedkar Law
University, School Of Excellence In
Law, Poompozhil, No.5
Dr.D.G.S.Dhinakaran Salai,
R.A.Puram Chennai-600 028
N.ANAND
VENKATESH J.
ss
WP No. 41497 of 2025
AND WMP No. 46471 of
2025
30-10-2025

You may also like...

WP Twitter Auto Publish Powered By : XYZScripts.com